Can I Change My Divorce Decree After It’s Final in Tennessee?

While a divorce decree is considered “final” in Tennessee, that does not mean that it is set in stone. Under certain conditions, you may be able to change parts of your divorce decree to accommodate life changes. If you have questions or concerns about your rights regarding altering the terms of your divorce, continue reading and consult with a knowledgeable Shelby County, Tennessee divorce lawyer today.

What is a Divorce Decree?

A divorce decree is the final document in a divorce case that officially terminates the marital relationship. Once a judge signs the decree, it is considered enforceable law, and both parties must abide by the contents of the agreement.

Within the divorce decree will be an outline of the terms that each party is expected to comply with. It includes how property division, debt allocation, spousal support, child custody, and child support will be handled. It is crucial that both parties understand their rights and responsibilities after a divorce.

Can I Change My Divorce Decree After It’s Final in TN?

Yes, under certain conditions, Tennessee courts allow modifications of the divorce decree even after it has been finalized. However, not every aspect of the agreement is subject to change. Terms that involve ongoing obligations like alimony, child support, and child custody can be modified if there is a substantial change in circumstances that warrants an alteration.

However, property division and debt allocation are generally permanent and cannot be changed once approved by the court unless there is evidence of fraud or some major mistake. These terms are determined based on the financial and personal circumstances of each party at the time of the divorce and are not impacted by life changes.

When is a Modification Warranted?

For both financial support obligations and child custody, a modification can be awarded if there is evidence of a substantial and material change of circumstances that renders the current agreement unfair or unreasonable. Valid reasons to adjust an alimony or child support order can include significant changes in income, the development of a serious illness or disability, one party remarrying or cohabitating, and more. Anything that majorly impacts the financial situation of either party can be grounds to change the divorce decree.

The burden of proof required to modify a custody order in Tennessee is a preponderance of the evidence, meaning that you must prove that it is more likely than not (50% or more) that your version of the truth is accurate and that a modification is necessary based on a material change in circumstances. When it comes to child custody, a material change can include a failure to adhere to the parenting plan or circumstances that make the parenting plan no longer in the best interest of the child, among other things.

For more information and to secure skilled legal counsel when filing for a modification, reach out to an experienced attorney at Rice Law today.